PAWAN SURESH GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these petitions filed under Article 227 of the Constitution of India and Sec. 482 of the Code of Criminal Procedure, 1973, the Petitioners seek to quash and set aside Criminal Case No.325/PW of 2007 pending before the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai.

(2.) Mr.Chavan, learned Counsel for the Petitioner submits that during the pendency of the proceedings, the parties have amicably settled the matter. He submits that during the pendency of the present petitions, in the Execution Application No.1443 of 2015 filed in Arbitration Petition No.629 of 2009 the consent terms dtd. 21/9/2021 were entered into between the parties. He tenders the said consent terms and the order dated 16 th March, 2022, which are taken on record.

(3.) Mr. Quazi, learned counsel appearing for the Respondent No.2-Complainant in both the Petitions does not dispute the position that the parties have amicably settled their disputes. He has tendered the consent affidavit of Vishal Kedia, Director and Authorised Representative of the Respondent No.2 in Writ Petition No.458 of 2008. The same is taken on record. As regards the Writ Petition No 425 of 2008, the consent Affidavit has been filed by Kamal Kedia, Director and Authorised Representative of the Respondent No.2. The deponent of the Affidavit in Writ Petition No.425 of 2008 is present in person and have been identified by his counsel and through his Aadhar card, a copy whereof has been produced and taken on record.